People v. Schwarz

— Appeal by the defendant from a sentence of the County Court, Suffolk County (Mallon, J.), *860imposed May 20, 1991, upon his conviction of robbery in the first degree, upon his plea of guilty, the sentence being an indeterminate term of 5 to 10 years imprisonment.

Ordered that the sentence is modified, on the law, by reducing the minimum term of imprisonment from 5 to 3 Vs years; as so modified, the sentence is affirmed.

The indeterminate sentence of from 5 to 10 years incarceration imposed by the County Court was illegal. Pursuant to Penal Law § 70.05 (3) (c) the minimum term to which a juvenile…